sec.149AAdditional procedure if electronic application

### sec.149A Additional procedure if electronic application For an application made under section 149 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 149 ; and the way the application was made under section 149 was appropriate. After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) . The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 148 , 148A or 148B ; and if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant. The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court. Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. This section does not limit section 148 , 148A or 148B . In this section— relevant magistrates court , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 . s 149A ins 2019 No. 6 s 13 (sec.149A-ssec.1) For an application made under section 149 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 149 ; and the way the application was made under section 149 was appropriate. (sec.149A-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) . (sec.149A-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. (sec.149A-ssec.4) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 148 , 148A or 148B ; and if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant. (sec.149A-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court. (sec.149A-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (sec.149A-ssec.7) This section does not limit section 148 , 148A or 148B . (sec.149A-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 . - (a) it was necessary to make the application under section 149 ; and - (b) the way the application was made under section 149 was appropriate. - (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or - (b) otherwise— (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) . - (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and - (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) . - (i) the magistrate must tell the inspector the information required to be stated in the warrant under section 148 , 148A or 148B ; and - (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) . - (a) the written application complying with section 148 , 148A or 148B ; and - (b) if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant. - (a) attach the documents to the original warrant; and - (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court. - (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and - (b) the original warrant is not produced in evidence;